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To promote stable, constructive labor-management relations through the resolution and prevention of labor disputes in a manner that gives full effect to the collective-bargaining rights of employees, unions, and agencies.

11 FLRA No. 42
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, AFL-CIO, LOCAL 3742
Union
and
DEPARTMENT OF THE ARMY, HEADQUARTERS,
98th DIVISION (TRAINING), WEBSTER,
NEW YORK
Agency
Case No. O-NG-68
DECISION AND ORDER ON NEGOTIABILITY ISSUES
The petition for review in this case comes before the Authority
pursuant to section 7105(a)(2)(E) of the Federal Service
Labor-Management Relations Statute (the Statute), and raises issues
relating to the negotiability of nine Union proposals. Upon careful
consideration of the entire record, including the parties' contentions,
the Authority makes the following determinations.
The nine proposals at issue in the case were presented by the Union
in response to implementation by the Agency of a "Military Technician
Conversion Program." This program, instituted as a test program at the
recommendation of Congress, lasted from March 1979 through June 1980 and
was conducted to ascertain whether the military reserve components,
i.e., the National Guard, Army and Air Force Reserve, could attract and
retain active duty military personnel to fill vacant positions in the
reserve component previously held by civilian technicians. Four of the
nine proposals herein (set forth in the appendix) relate solely to the
now terminated test program and thus became moot as of July 1980.
However, as the record in this case also indicates that Congress, after
reviewing the results of the test program, authorized the Agency to
continue to convert civilian technician positions, the remaining five
proposals which are applicable to such conversions are decided herein.
Union Proposal 1
Only entry level positions will be filled by military GS-5 or
GS-6.
Union Proposal 5
Guaranteed opportunities for advancement and lateral transfers.
Union Proposal 6
Guaranteed opportunities for women and minorities to advance as
civilian technicians.
Union Proposal 7
Guaranteed opportunities for civilian technicians to get a
first level management position.
The four Union proposals set out above are designed to require that
the Agency establish its organization structure in a manner which will
assure promotional opportunities for its civilian technician employees.
These proposals, in this respect, are not materially different from
Union Proposal I in National Association of Government Inspectors and
Quality Assurance Personnel, Unit #2 and Naval Air Engineering Center,
Lakehurst, New Jersey, 8 FLRA No. 28 (1982) which the Authority found to
conflict with the Agency's right to determine its organization under
section 7106(a)(1) of the Statute. See also Congressional Research
Employees Association and the Library of Congress, 3 FLRA 736 (1980).
Therefore they are outside the duty to bargain.
Union Proposal 8
Prevention of cluster groups.
In the absence of an explanation by the Union of the meaning and
purpose of this proposal, the Authority adopts the Agency's description
as follows:
We understand that this proposal is intended to prevent all
civilian vacancies in any one unit from becoming militarized under
the conversion program. The union wants the affected vacancies to
be spread out around the Division.
Union Proposal 8, then, would limit the number of civilian positions
in any unit which could be converted to positions occupied by military
personnel. The proposal in effect would prevent the Agency from making
any of its sub-elements a completely military organization,
notwithstanding a management determination that such action is
necessary. This proposal, like Union Proposal V in Naval Air
Engineering Center, supra, would require the Agency to conform to a
certain organizational structure and to organize its workforce in a
contractually prescribed manner. Therefore, Union Proposal 8 directly
interferes with the right of the Agency under section 7106(a)(1) of the
Statute, to determine its organization and is outside the duty to
bargain.
Accordingly, pursuant to section 2424.10 of the Authority's Rules and
Regulations, IT IS ORDERED that the Union's petition for review be, and
it hereby is, dismissed.
Issued, Washington, D.C., January 31, 1983
Ronald W. Haughton, Chairman
Henry B. Frazier III, Member
Leon B. Applewhaite, Member
FEDERAL LABOR RELATIONS AUTHORITY
APPENDIX
Union Proposal 2
All other positions (from GS-7 - up) be announced for promotion
and only if not filled by civilians then they can be used for the
test program.
Union Proposal 3
As this is only a test program there will be no abolishment of
ART positions on TDA, instead will report only temporary fill by
military personnel.
Union Proposal 4
No reassignment or trade-off of incumbered civilian positions
unless guaranteed to return to former positions upon completion of
test program.
Union Proposal 9
Proposal must have a grandfather clause to protect civilian
employees effective as of this date.